Effective as of April 4th, 2019.
Allergan USA, Inc., including the Spotlyte™ website and mobile applications (collectively, the “Platform”), and their affiliates (hereafter “Allergan”) collect Personal Data in order to serve you and communicate with you. This Privacy Statement explains how Allergan collects, uses, and discloses your Personal Data and answers specific questions that you may have regarding privacy and security.
This Privacy Statement applies to the operation of U.S. websites, including the Platform, and other applications (including mobile applications), and digital services that directly link to this statement. Allergan’s global affiliates may have additional privacy statements which are specifically tailored to the laws in those countries. Those privacy statements are available when you click on "Privacy" in the footer of our affiliate websites.
Allergan and its affiliates in the United States may receive Personal Data from individuals in the European Economic Area and/or Switzerland. Allergan, and its affiliates adhere to the United States-European Union and the United States-Swiss Privacy Shield Principles (Privacy Shield Principles), with respect to the collection, use, and retention of Personal Data from the European Economic Area and Switzerland. If there is any conflict between the terms in this Privacy Statement and the Privacy Shield Principles, with respect to the processing of Personal Data from the European Economic Area and/or Switzerland, the Privacy Shield Principles shall govern. For more information about the Privacy Shield Framework, and to view Allergan’s certification, go to https://www.privacyshield.gov/.
In compliance with the Privacy Shield Principles, Allergan is committed to resolving complaints about our collection or use of your Personal Data. European Union and Swiss individuals with inquiries or complaints regarding our compliance with the Privacy Shield Principles should first contact Allergan as discussed below in the “How to Contact Us” section. Additionally, the International Centre for Dispute Resolution® (“ICDR”) acts as Allergan’s third-party dispute resolution provider, as required by the Privacy Shield Framework. If you have a complaint concerning Allergan’s Privacy Shield compliance, you may either contact Allergan directly as set forth below, or contact ICDR at https://www.icdr.org/Support. In certain circumstances, it may be possible for you to invoke binding arbitration. Allergan is subject to the investigatory and enforcement powers of the United Stated Federal Trade Commission, with respect to its adherence to the Privacy Shield Principles.
Allergan has further committed to cooperate with European Union and Swiss data protection authorities (DPAs) with respect to any unresolved Privacy Shield complaints concerning your Personal Data, in the context of the employment relationship. If you do not receive timely acknowledgement of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the European Union and/or Swiss DPAs for more information or to file a complaint. The services of the European Union and Swiss DPAs are provided at no cost to you.
As discussed below in the “When and Why Personal Data is Disclosed by Allergan” section, we may share your Personal Data with our service providers who are bound by law and/or contract to protect your Personal Data and may only use your Personal Data in accordance with our instructions. Under certain circumstances, Allergan may remain liable for the acts of these third parties, if they subsequently process the data in a manner that is inconsistent with the Privacy Shield Principles.
Also as discussed below in the “When and Why Personal Data is Disclosed by Allergan” section, we may disclose your Personal Data when requested under legal process or as otherwise required by law, such as in response to a subpoena, including to meet national security and/or law enforcement requirements in the United States and other countries where we operate.
This Privacy Statement explains our practices with regard to "Personal Data." Personal Data is any information that can be used to identify, locate, or contact you. It also includes other information that may be associated with such Personal Data. Examples of types of Personal Data that Allergan may collect about you include:
In most cases, we collect Personal Data directly from you. You may provide us with your Personal Data when you interact with us, such as registering on our websites or Platform, using any interactive features, services, or applications, signing up to receive a newsletter or a rebate, participating in a savings program, making a direct purchase, or applying for employment. We may collect additional data from third party data suppliers who enhance our files or from social media sites such as Facebook®, if you like our pages or join our communities.
Allergan may use your Personal Data for its business purposes, such as:
Allergan will share your Personal Data as we may describe when we collect your Personal Data or as otherwise set forth in this Privacy Statement, and only in compliance with applicable laws and regulations. For example, we may share your Personal Data as follows:
When you visit the Platform, our websites or use our mobile applications, we collect certain data by automated means, using technologies such as cookies, pixel tags, browser analysis tools, server logs and web beacons.
For example, when you visit the Platform or our websites, we place cookies and other identifiers on your computer that permit us to track your activity across the Platform and other Allergan websites, services, and applications. Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store data or settings in your browser. Cookies allow us to recognize you when you return. They also help us provide a customized experience and enable us to detect certain kinds of fraud.
Allergan uses Flash® cookies (also known as Local Stored Objects), Microsoft® Silverlight® and similar technologies to personalize and enhance your online experience in compliance with Network Advertising Initiative standards. The Adobe® Flash® Player is an application that allows rapid development of dynamic content, such as video clips and animation. Flash cookies (and similar applications) use technology to remember settings, preferences and usage similar to browser cookies, but these are managed through a different interface than the one provided by your web browser. For more information about how to manage Flash cookies and/or Silverlight® cookies, you should refer to those sites’ privacy and data sharing statements.
Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, the pixel tags and web beacons generate a notice of that action that is sent to our servers. These tools allow us to measure response to our communications and improve our web pages and promotions.
We collect many different types of data from cookies and other technologies, including the Product Usage Data and the Internet Usage and Tracking Data. For example, we may collect data about the device you use to access our website, your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. Our server logs also record the IP address of the device you use to connect to the Internet. An IP address is a unique identifier that devices use to identify and communicate with each other on the Internet. We may also collect data about the website you were visiting before you came to Allergan and the website you visit after you leave our site.
We may also use service providers, such as Heap® and Google Analytics™, that place cookies and collect data about you, including Personal Data, to enable us to track your activities across the Platform and our other websites. They can also enable certain services we use such as site analytics and security services, including reCAPTCHA and payment services, and the data and cookies may be disclosed to these service providers for these purposes.
In many cases, the data we collect using cookies and other tools is only used in a non-identifiable way, without any Personal Data. For example, we use non-identifiable data we collect about all website users to optimize our websites and to understand website traffic patterns.
In some cases, we do associate the data we collect using cookies and other technology with your Personal Data, such as when we collect Product Usage Data and Internet Usage and Tracking Data.
Allergan also has relationships with third party advertising companies to place advertisements on the Platform, and our websites and other websites, and to perform tracking and reporting functions for the Platform, our websites and other websites. These third party advertising companies may place cookies on your computer when you visit our website or other websites so that they can display targeted advertisements to you in accordance with agreements we have with such advertising companies. These third party advertising companies do not collect or receive directly identifiable information about you in this process; however, under some privacy laws, the cookie information they receive may be considered Personal Data. Please note that this Privacy Statement does not cover the collection methods or use of the data or cookie collected by these third party advertisers or their advertising networks. For more information about third party advertising, please visit the Network Advertising Initiative® (NAI) at www.networkadvertising.org. You can opt-out of being targeted by third party advertising where the companies providing the advertising are NAI members at www.networkadvertising.org.
This website uses social media plugins (e.g., the Facebook “Like” button, “Share to Twitter” button) to enable you to easily share information with others. When you visit our website, the social media plugins on our websites can place a cookie on your computer that will communicate data about you back to the operators of these social media websites, enabling those operators to recognize individuals who have visited our site. If you are logged into a social media website (e.g., Facebook, Twitter®) while browsing on our website, the social plugins allow that social media website to share data about your activities on our website with other users of their social media website. For example, the Facebook social plugin allows Facebook to show your “Likes” and comments on our pages to your Facebook friends. Facebook social plugins also allow you to see your friends’ Facebook activity on our website. Allergan does not control any of the content from the social media plugins. For more information about social media plugins from other social media websites you should refer to those sites’ privacy and data sharing statements.
Some web browsers may transmit “do-not-track” signals to websites with which the browser communicates. Websites linked to this Privacy Statement do not currently respond to these “do-not-track” signals.
You can always limit the data you provide to Allergan, but if you choose not to provide certain requested information, you may not be able to access some of the services, offers, and content on our websites. You can also limit the communications that Allergan may send to you by following a simple opt-out process. Simply follow the instructions in our advertisement/promotional emails to opt-out of receiving future marketing communications. You can manage cookie preferences and opt-out of having cookies and other data collection technologies used by adjusting the settings on your browser. All browsers are different, so visit the “Help”” section of your browser to learn about cookie preferences and other privacy settings that may be available.
Allergan takes reasonable measures to maintain updated and accurate Personal Data and we respect your right to access and correct your Personal Data. Where you believe there are inaccuracies with your Personal Data, you may request that we update your Personal Data at any time by contacting us via email at firstname.lastname@example.org, or where you have established an online account with us that permits managing some of your Personal Data through that online account, directly by logging into your online account. You can also write us at the address in the “How to Contact Us” section below. If you send us a letter, please provide your name, address, email address, and detailed information about the change(s) you would like to make.
Allergan has implemented a data security program that contains administrative, technical and physical controls that are designed to reasonably safeguard your Personal Data from unlawful use and unauthorized disclosure. The security of information transmitted through the internet cannot, however, be guaranteed. We are not responsible for any interception or interruption of any communications or for changes to or losses of data through the internet. You are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the Platform, websites, applications or other services. Any access to the Platform, websites, applications, or other services through your user ID and password will be treated as authorized by you. To help protect your Personal Data and/or the security of our websites and other applications, we may suspend your use of all or part of the Platform, without notice, if we suspect or detect any security issues.
If all or part of Allergan is sold or merged into another entity, the data we have about you may be transferred to a third party as part of that transaction. We will try to assure that no Personal Data that is transferred will be used or shared in a manner inconsistent with this Privacy Statement without your consent. However, in the event of a sale or merger, your continued use of this site signifies your agreement to be bound by the privacy statement and other applicable terms of the subsequent owner or operator.
This site is owned and operated by Allergan in the United States and is intended only for residents of the United States, but the data you provide will be accessible to our affiliates, vendors, and suppliers in other countries. Furthermore, if you are visiting this site from another country, other than the United States, your communication with us will necessarily result in the transfer of data across international boundaries. The level of legal protection for Personal Data is not the same in all countries. However, we will take the security measures described in this Privacy Statement in an effort to keep your data secure. By using this site, you consent to the collection, storage, and processing of your data in the United States and in any country to which we may transfer your data in the course of our business operations.
This Privacy Statement only addresses the use and disclosure of data by Allergan. We may provide links to outside websites or advertisements for third parties that have their own privacy statements and data collection, use and disclosure practices. Our independent dealers, suppliers and business partners have their own privacy statements too. We encourage you to familiarize yourself with the privacy statements provided by all third parties prior to providing them with data or taking advantage of an offer or promotion.
Allergan websites and applications are not intended to attract children, and we do not knowingly collect any Personal Data of anyone under the age of 13. If you believe a child is using our website, please contact us IR-PRIVACY@allergan.com so we can investigate and delete any inappropriate data.
If you have applied for employment with Allergan, the Personal Data submitted with your job application will be used to process and consider your job application. Allergan will not sell the data on your application to unaffiliated third-parties for their marketing purposes. We may share the data on your applications with recruiters, consultants, attorneys, background services and our affiliates. The data on your application may also be used for certain regulatory, compliance and legal purposes, consistent with this Privacy Statement.
To the extent the Personal Data you provide contains details of your: racial or ethnic origin; political opinions or beliefs; religious beliefs; membership in a trade union or political party; physical or mental health condition; sexual life; commission (or alleged commission) of an offence or related proceedings; job evaluations or educational records, you expressly authorize Allergan to handle such details for the purposes of your job application and for the other purposes described herein.
By submitting data to us online, you are sending it to the United States, where it will be subject to the protections afforded under US laws that may be different from the laws in your country and which your country may consider not to provide adequate privacy protections. If you do not agree that your submission of your application data will be governed solely by United States law, Allergan will not accept your application.
We will only use Personal Data in the manner described in this Privacy Statement in effect when the data was collected from you. However, we reserve the right to change the terms of this Privacy Statement at any time by posting revisions to our site. If we make any material changes to this Privacy Statement, we will either notify you or place a prominent notice on our website. If at any point, we decide to use Personal Data in a manner that is materially different from that stated at the time it was collected, you will be given a choice to allow or disallow any additional material uses or disclosures of your personally identifiable data, beyond that which was stated in this Privacy Statement at the time your data was collected.
Any portions of this policy are void to the extent they are prohibited by applicable law.
California Civil Code Section 1798.83 permits California residents who are individual customers of Allergan products to request certain information regarding its disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request please contact us using our contact information listed below in the “How to Contact Us” section.
Be sure to include your name and address. You can include your email address if you want to receive a response by email. Otherwise, we will respond by postal mail within the time required by law.
Allergan collects Social Security numbers in the ordinary course of its business. Allergan has implemented reasonable technical, physical and administrative safeguards to help protect the Social Security numbers from unlawful use and unauthorized disclosure. All Allergan workers are required to follow these established procedures, both online and offline. In particular:
Please contact us if you have any questions or comments about our privacy practices, your privacy choices, or this Privacy Statement. You can always reach us online at email@example.com. You can reach us via mail at the address below. If you send us a letter, please provide your name, address, email address, and, if opting out of Allergan communications, information about the communication(s) that you do not want to receive.
Attention: Global Privacy Office
2525 Dupont Drive
Irvine, CA 92612 USA
Allergan grants you a limited right to use the Site only for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, including any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site or on any printed pages. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of the Site.
NO INFORMATION IN THIS SITE IS PROVIDED WITH THE INTENTION TO GIVE MEDICAL ADVICE OR INSTRUCTIONS ON THE ACCURATE USE OF ALLERGAN PRODUCTS. ALLERGAN CANNOT ANSWER UNSOLICITED E-MAILS REQUESTING PERSONAL MEDICAL ADVICE.
VISITORS SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL PRIOR TO MAKING ANY DECISIONS, OR UNDERTAKING ANY ACTIONS OR NOT UNDERTAKING ANY ACTIONS RELATED TO ANY HEALTH CARE PROBLEM OR ISSUE YOU MIGHT HAVE AT ANY TIME, NOW OR IN THE FUTURE.
The Site and the Content contain copyrighted materials, trademarks, and other proprietary materials that are owned by Allergan, its affiliates and/or third parties and are protected by intellectual property laws of the United States and other countries.
You should assume that all Content of the Site is copyrighted unless otherwise noted and may not be used, copied, reproduced, downloaded, modified, published, distributed, transmitted, or exploited, in whole or in part, in any form or by any means, except as provided herein and without the express written permission of Allergan or the original creator of the material.
Product names, logos, trademarks, and service marks that are used or displayed on the Site (collectively, the “Trademarks”) are registered or unregistered trademarks and the exclusive property of Allergan or its affiliates. No use of the Trademarks may be made without Allergan’s prior written authorization, except to identify the product or services of the company. Other product names, logos, trademarks, and service marks appearing on the Site that are not owned by Allergan may not be used without express permission from its owner.
Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any intellectual property of Allergan or any third party.
Each person assumes full responsibility and all risks arising from use of the Site.
IN NO EVENT SHALL ANY OF ALLERGAN, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, DATA PROVIDERS, AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE, OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE SITE, REGARDLESS OF WHETHER ALLERGAN OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGES TO, OR FOR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT.
IF YOU RELY ON THIS SITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU AS IS AND ALLERGAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE SITE.
ALLERGAN HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
ALLERGAN MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED, OR THAT THE DATA CONTAINED ON THE SITE WILL BE TIMELY OR ERROR FREE.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. To the extent that Allergan may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Allergan’s liability will be equal to the minimum permitted under such applicable law.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ALLERGAN, ITS AFFILIATES, AGENTS, VENDORS AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, OWNERS AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR YOUR USE OF THIS SITE, TO THE FULLEST EXTENT ALLOW BY LAW.
You further agree that any claim related to this Site must be filed within one year after it arises.
Any non-Personal Data that you transmit to, or post on, this Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and nonproprietary data, and Allergan shall have no obligation of any kind with respect to such data. Allergan and any of our affiliates may use such data for any purpose whatsoever in accordance with applicable laws and regulations, including, but not limited to, the following purposes: reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and any of our affiliates shall be free to use such data, including, but not limited to, any ideas, concepts, know-how, or techniques contained therein, for any purpose whatsoever, including, but not limited to, researching, developing, manufacturing, and marketing products incorporating such data. Please consult our Privacy Statement for more data.
Allergan encourages other websites to link to this Site, provided that these links comply with the guidelines set forth herein. Links to this Site from other sites should be text-only and may not include Allergan’s logo or other intellectual property. We strictly prohibit any suggestions of Allergan endorsement or recommendation of a specific company, product, or service. You are free to establish a hypertext link to this Site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Allergan. Without the prior written permission of Allergan, you may not frame or scrape any of the content on the Site nor incorporate into another website or other service any intellectual property of Allergan. Allergan reserves the right on demand, as Allergan in its discretion thinks fit, to direct you to remove any links to the Site or Allergan’s name from your site. Without prejudice to Allergan’s authority and discretion under this paragraph and the paragraph above, you will not link to the Site, or refer to the Allergan name and/or logo, from any site that is indecent or inappropriate, or in any other way incompatible with Allergan’s reputation.
Some of the links on this Site may be affiliate links for affiliate marketing purposes. This means that our affiliates, which may be third-party companies or Allergan companies, can identify that you clicked through to their site using the affiliate link from this Site, and Allergan or the third party may get a commission when you purchase anything from the affiliated companies.
Nothing contained on the Site should be construed as solicitation or promotion for any product or for the use of any product in a way which is not authorized by the country in which the reader is physically located. This Site provides information about products or uses that may not be available in particular countries. Some of the products mentioned may in certain countries be approved or cleared by regulatory authorities for sale or use with different indications, dosages, and restrictions.
This Site contains information that is forward-looking and involves risks and uncertainties, including, without limitation, risks and uncertainties of research and development, clinical development, regulatory approvals and the regulatory process, our reliance on third-party manufacturers, product commercialization, competition, patents, product liability, and third party reimbursement, and other risks and uncertainties detailed from time to time in our periodic reports filed with the Securities and Exchange Commission. Actual results may differ materially from such forward-looking information.